Lam Yiu-Hang, who threw two dogs out of the windows of his fifth-floor home, is acquitted of animal cruelty in Sha Tin Court. Photo: SCMP

A man who threw two dogs to their deaths from his fifth-floor luxury home has been cleared of animal cruelty on the grounds that he was suffering an epileptic seizure and unable to control his behaviour.

Lam Yiu-hang, 35, hurled the animals into the street from the Tai Wai residence on the morning of October 18, 2012, after smashing his furniture, Sha Tin Court heard yesterday.

But he ruled Lam was not guilty of cruelty to the animals as he was not in a position to control his behaviour at the time.

Defence counsel Kevin Egan said Lam, who had pleaded not guilty, had wrestled since he was 18 with grand mal epilepsy originating from encephalitis, an acute inflammation of the brain.

"It gives him severe mood swings," Egan said.

"It was during one of these episodes that he threw [the dogs from the fifth floor]."

The prosecution had submitted a report during the trial by psychiatrist Chung Wai-sau that found Lam was "aware" of what he was doing at the time.

But Egan argued there was a difference between being aware of one's behaviour and being able to control it.

In a report produced by the defence, neurologist Brian Choa wrote: "Lam was not in control of his faculties when he caused extensive damage to objects in his home and threw two dogs out of one window that morning."

Ho said Lam's case was different from previous cases in which the animals suffered for a long time before dying.

Earlier this year the Kwun Tong court sentenced two men who took part in kicking a cat around like a ball to 16 months in jail, the heaviest sentence a Hong Kong court has imposed for a case of animal cruelty.

On the same day a man convicted of poisoning a stray dog to a "slow and painful" death was sentenced to two months in jail.

Cruelty to animals in Hong Kong carries a maximum sentence of three years' imprisonment and a fine of up to HK$200,000.

This article appeared in the South China Morning Post print edition as Epileptic dog-killer was 'not cruel'

How come he didn't throw his tv or computer or his wallet out the window.

zvichadashote Jan 28th 20148:42am

What happens next time this guy has a epiliptic seizure? Will Momma be flying out of the window? Having this man out and about must also do wonders for the value of his neighbors' apartments in Tai Wai!

lexishk Jan 28th 20147:10am

This highlights the need to move from a 'cruelty' based legal regime for animal protection to a 'welfare' based regime featuring positive duties of care. HK's animals law is more than 60 years out of date.
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It would also help if HK magistrates displayed anywhere near the same interest in condemning animal cruelty as they do petty street crime.
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I hope Kevin Egan's conscience gives him nightmares after that fine day's work in court.

pbhawk Jan 28th 201411:36am

If he had thrown momma out of the window, he would have been given a suspended sentence; if he had thrown the helper out, he would have gone scot free. This sentence is an absolute disgrace.

EXACTLY! AMAZING VERDICT!I have a cousin that is epileptic. I have seen gran mal seizures. While I may not have seen every possible feature of such seizures, in most cases, the person has very little control of their body. They are not able to selectively do much except convulse and shake. The certainly couldn't selectively choose to throw anything anywhere.